Legal Question in Family Law in Texas

New Born Custody

I was having an affair for 4 months with a friend who I've known for 16yrs. that lives in Texas. I've known my wife for 17yrs. & we're still married along with living in Florida. My intentions during the 4 mo. affair were to divorce my wife (no children) then move to Tx. & pursue a relationship with the affair. The first 2 months were the best I've ever experienced within a relationship but immediately after the second month the affairs true colors immerged. Within the 1st 3 months of the affair the woman was served legal documents by her 1st Husband, petitioning custody of her oldest (12yrs. old) of the 2 existing children. The woman gave up custody of her 12 yr. old daughter in this case & was served a second set of legal documents by the second husband petitioning custody of her youngest daughter. The 2nd case was dismissed & primary custody is still awarded to the woman. Legal issues such as those mentioned would drive anyone insane. However, the womans' history of phsyical & verbal abuse are coming to light. I've experienced both physical & verbal abuse with no merit. I'm staying in the relationship until our child is born Feb. 25th.. The question is, Can I take our child to Florida after he's born without going to court?


Asked on 12/29/08, 1:28 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: New Born Custody

You definately need to consult with an attorney that specializes in family law.

I am only licensed to practice in TX so I cannot address FL law.

If you are not married to the mother, your name might not be put on the birth certiificate. It will depend on the hospital's policy.

If your name is NOT on the birth certificate you have no legal standing regarding this child.

Therefore, you'd have to go to court and ask the court to have you declared to be the father.

FYI: Ask for a DNA test when the child is born. If you know your blood type, her blood type then the child can only be certain blood types. If it's not one of the right type, then you will know that the baby is NOT yours.

I hope this is helpful. Talk to an attorney and don't rely on this free email to dictate your decision!

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Answered on 12/29/08, 1:36 pm


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